Q: What is an out-of-court settlement?
An out-of-court settlement occurs when a plaintiff and a defendant reach an agreement on an injury claim without having a jury or a judge decide the case for them. Usually, an out-of-court settlement calls for the defendant to pay a sum of money to the plaintiff, and in return, the plaintiff will drop their lawsuit.
More specifically, an out-of-court settlement is a legally-binding contract which was commenced and concluded without resorting to the trial process. Such an arrangement is almost always negotiated by the attorneys for all parties represented in the case.
Advantages and Disadvantages of an Out-of-Court Settlement
Extensive media coverage of lawsuits may lead you to believe that court trials are where most personal injury claims are decided. In fact, trials are the exception rather than the rule. Many West Virginia personal injury lawsuits never see the inside of a courtroom and instead result in some sort of out-of-court settlement.
One of the primary advantages of an out-of-court settlement is the swiftness with which victims can receive their compensation. This also results in less legal expense and sometimes, less emotional stress for the victim. On the other hand, out-of-court settlements are a risky venture for someone who has suffered severe or life-altering injuries that will require costly medical treatment, as sometimes, the settlement may not be sufficient to address long-term needs.
Your Clarksburg personal injury attorney can attempt to reach the most favorable out-of-court settlement possible, and can also advise you on which course of action would be most beneficial to you. You have the final say on whether to accept an out-of-court settlement or proceed to trial with a West Virginia personal injury lawsuit.
Contacting a Clarksburg Personal Injury Lawyer
If you have been injured in a Clarksburg accident and you are interested in pursuing recovery in a West Virginia personal injury lawsuit contact the Clarksburg personal injury attorneys at The Miley Legal Group for a FREE consultation - 304-326-1800.